Under TUPE, can you: introduce a smart dress code to transferring staff? generally introduce your policies/procedures to transferring staff?

This question involves the permissibility of variations to the employment terms of transferring staff. In this case, this will depend upon whether the new employer (transferee) intends to amend the contractual provisions of incoming employees' employment contracts, or to simply set out a non-contractual policy on dress code.

By way of recap, amending contractual terms is very difficult under TUPE. Under TUPE regulation 4(2), on a TUPE transfer, all the old employer’s (transferor’s) rights and duties under a contract of employment are transferred to the transferee, and any changes to these contracts will only be permissible where the principal reason is either:

• Unconnected with the